Nicholson v. The Bank of Nova Scotia et al

Filing 132

MEMO ENDORSEMENT in case 1:14-cv-05682-VEC re: 587 JOINT LETTER addressed to Judge Valerie E. Caproni from The Parties dated March 9, 2022 re: Response to Order; terminating (558) Motion to Certify Class in case 1:14-md-02573-VEC. Any response i n opposition to the motion for judgment on the pleadings is due no later than Thursday, April 14, 2022 and any reply in support of the motion is due no later than Friday, May 13, 2022. The Court recognizes that Defendants requested that their repl y brief be due on Monday, May 16, 2022. To avoid associates working on the weekends, the Court's policy is to set deadlines towards the end of the week. All proceedings connected to Plaintiffs' motion for class certification are hereby S TAYED. The Court will reset the class certification and Daubert briefing deadlines upon resolution of the motion for judgment on the pleadings. The Clerk of Court is respectfully directed to terminate the open motion at docket entry 558. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/10/2022) Filed In Associated Cases: 1:14-md-02573-VEC et al. (tg)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED:

MEMO ENDORSED
March 9, 2022

VIA ECF
The Honorable Valerie E. Caproni
United States District Judge,
Southern District of New York
Thurgood Marshall United States Courthouse
40 Foley Square
New York, New York 10007
Re:

In re London Silver Fixing, Ltd Antitrust Litig., No. 14-MD-2573 (VEC) (S.D.N.Y.)

Dear Judge Caproni:
Pursuant to Your Honor’s order (Dkt. No. 586), the parties jointly submit this letter
concerning: (i) a briefing schedule on Defendants’ motion for judgment on the pleadings (Dkt. No.
584); (ii) the timing of any anticipated Daubert motions in connection with Plaintiffs’ motion for
class certification (Dkt. No. 558); and (iii) the parties’ position on whether the class certification
proceedings should be stayed pending the Court’s resolution of Defendants’ motion for judgment
on the pleadings.
First, the parties have met and conferred and jointly propose the following briefing
schedule on Defendants’ motion for judgment on the pleadings:
April 14, 2022

Plaintiffs to file their response in opposition to
Defendants’ motion for judgment on the
pleadings

May 16, 2022

Defendants to file their reply in support of their
motion for judgment on the pleadings

Second, Defendants anticipate filing a Daubert motion in connection with Plaintiffs’
motion for class certification. Defendants intend to file any such motion by the same date as their
deadline to respond in opposition to the motion for class certification. Plaintiffs will file any
opposition by the same date as their deadline to file a reply in support of their motion for class
certification, and Defendants will file any reply in support of their Daubert motion thirty (30) days
after Plaintiffs’ reply in support of their motion for class certification. Plaintiffs will file any
Daubert motions directed to Defendants’ expert(s) on their date to file a reply in support of their
motion for class certification. Defendants will have sixty (60) days thereafter to file any opposition,
and Plaintiffs will then have thirty (30) days thereafter to file a reply.

Third, the parties agree that all proceedings in connection with Plaintiffs’ motion for class
certification (including expert depositions and any related Daubert motions) should be stayed
pending the Court’s resolution of Defendants’ motion for judgment on the pleadings.
Respectfully submitted,

/s/ Robert Eisler
Robert G. Eisler
Chad Holtzman
GRANT & EISENHOFER PA
485 Lexington Avenue, 29th Floor
New York, NY 10017

/s/ Vincent Briganti
Vincent Briganti
Johnathan Seredynski
LOWEY DANNENBERG P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601

Interim Co-Lead Counsel for Silver Plaintiffs and the Proposed Silver Class
/s/ Stephen Ehrenberg
Stephen Ehrenberg
William H. Wagener
SULLIVAN & CROMWELL LLP
125 Broad Street
New York, NY 10004

/s/ Damien Marshall
Damien J. Marshall
Leigh Nathanson
Laura Harris
KING & SPALDING LLP
1185 Avenue of the Americas, 34th Floor
New York, NY 10036

Attorneys for The Bank of Nova Scotia
Defendants and Liaison Defense
Counsel

Attorneys for the HSBC Defendants

SO ORDERED.

HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE

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